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City of Winooski v. Da

Public Employees — Suspension and Dismissal — Review

City Council's dismissal of police officer, pursuant to findings and conclusions certified to it by district court, could not be directly appealed. 24 V.S.A. § 1932.

Per Curiam.

Although the notice of appeal below was filed with the district court, the attempt is to appeal from the action of the Winooski City Council dismissing appellant as a police officer, pursuant to the findings and conclusions certified to it by the district court.

The findings of the district court are, by statute, final. 24 V.S.A. § 1932(c). Nor is there any statutory provision for an appeal from the action of the City Council. And no right of appeal is conferred by the Administrative Procedure Act, 3 V.S.A. §§ 801-816, because the City Council is not a " state board, commission, department, or officer" (emphasis added) within the meaning of § 801(1).

There being no statutory authority for the attempted direct appeal, it must be dismissed. City of Winooski v. Martin, 134 Vt. 617, 365 A.2d 986 (1976).

Appeal dismissed.

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WINOOSKI CITY, v. VINCENT
(May 22, 1979)